Due Process

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Due Process

A student who is alleged to have violated Student Code of Conduct is entitled to certain procedural rights to insure a fair conference of information is provided. These rights also apply to those students representing student organizations charged with violations of Student Code of Conduct. (In cases of immediate response to threat or safety all provisions of "due process" may not be guaranteed.)

The Office of Student Conduct will adjudicate all reports and review appeals of alleged violations of the Student Code of Conduct and the Policy for Academic Integrity in a consistent manner, and in compliance with University Policy and relevant laws, including but not limited to KRS 164.370. 

 

Preponderance of evidence

This is the standard of proof used in the WKU Student Conduct Process. For a student to be found responsible for a violation, the evidence must indicate that it is more likely than not that the violation occurred. This is very different from the criminal court system. Preponderance of the evidence standard is necessary to ensure a fair and equitable student conduct process.

 

Procedural Rights

Students have the right to:

• Receive advance notice and be advised of the charges in writing.
• Be presumed Not Responsible until the institution has established every element of the alleged violation; however, this shall not be construed to mean that a complainant or any witness(es) has presented false testimony or evidence.
• Explain their version of the events that lead to the alleged violation(s).
• Provide witnesses or persons they wish not to speak too; to present information that tends to support his/her version of the alleged violation.
• Not participate. You may choose not to answer any questions.
• Refute, question, or ask for clarification on any questions presented.
• Challenge the objectivity of the conduct administrator if you have reasonable cause to believe that they may be biased or have a conflict of interest.
• Be represented by counsel (or an advisor) in cases that may result in suspension, expulsion, or denial of housing/network access at each material phase of the process.
• Appeal the outcome of the conference if it resulted in a suspension, expulsion or denial of housing/network access.  If you are the complaining student in a sexual harassment and/or sexual misconduct case, both parties have a right file an appeal.